The Nilson Law Group, PLLC

A New York law firm focusing on the creation, acquisition and representation of American subsidiaries of foreign companies.
Doing business in the US- CIC webinar

Taking Care of Business: Deborah Nilson Shares Insights at Upcoming Webinar

Taking Care of Business: Deborah Nilson Shares Insights at Upcoming Webinar 800 450 Deborah Ann Nilson

Deborah Nilson is delighted to speak at the CIC Webinar  – Doing Business in the US – on January 12, 2022 at 10 AM (EST)/16H (France) ; how to adopt good reflexes, develop your business in the U.S. and anticiate operational issues (in French). 

Link here for registration:  https://lnkd.in/dJmxsJ74 

Caitlin Delaney

Caitlin Delaney has become a Partner of the firm

Caitlin Delaney has become a Partner of the firm 800 1046 Deborah Ann Nilson

The Nilson Law Group, PLLC is delighted to announce that Caitlin Delaney has become a Partner of the firm.

While Caitlin works with many French and European clients, Caitlin also has ties with Quebec and has developed significant expertise in assisting Canadian companies and entrepreneurs enter the U.S. market.

Caitlin is a graduate of the University of Scranton and Brooklyn Law School. Before law school, Caitlin lived, studied, and taught English in Paris and Thionville, France.

Please read more about Caitlin at https://nilsonlaw.com/about/#our-team.

ADA compliance

Don’t Get Sued! Check Your Website for ADA Compliance

Don’t Get Sued! Check Your Website for ADA Compliance 1000 568 Cynthia Martens

The Americans with Disabilities Act (ADA), a federal law, requires businesses open to the public to be accessible to all patrons, including those with disabilities. Many courts, and state legislatures, have interpreted this obligation to extend to business websites, which must take into account the needs of consumers with disabilities. Failure to be ADA-compliant exposes businesses to costly lawsuits or settlements, since individuals and groups can sue directly and recover attorneys’ fees – and there are some very aggressive lawyers embracing the ADA cause. Making a good-faith effort in this area protects you from legal risk while allowing you to serve a broader range of customers whose needs are frequently unmet.

Consult with specialized web technicians to ensure that your site meets appropriate standards. You’ll want, for example, to make your website available to blind people and others with disabilities that affect their ability to read a computer display, by adding text equivalents to imagery, and posting documents in formats that function well with assistive technology.

As always, we are here to answer any questions.

ADA compliance

New York City to Require Vaccination for Private Sector Employees

New York City to Require Vaccination for Private Sector Employees 500 350 Charity Gates

Employees working in-person for private employers in New York City must have received at least one dose of an FDA-approved COVID-19 vaccine by December 27. The new measure, introduced by outgoing mayor Bill de Blasio, provides exemptions for sincerely-held religious beliefs and valid medical reasons, but does not provide a testing alternative. An application for an accommodation must be made by December 27th.

Employers must verify and keep a record of each in-person employee’s proof of vaccination by December 27. There are 3 options for how employers can meet this requirement:

  1. An employee’s copy of their proof of vaccination or a record of a reasonable accommodation with supporting documentation;
  2. Employers can create their own paper or electronic record that includes identifying information for each employee (i.e. name, whether fully vaccinated, proof of first dose, or record of reasonable accommodation);
  3. Employers may check each employee’s proof of vaccination before they enter the workplace each day. They must keep a record of each verification. [This option may be more suitable for larger employers].

By December 27, employers must complete the “Affirmation of Compliance with Workplace Vaccination Requirements affirming they are in compliance with this requirement and post it in a public place.

Also, please note that each contractor who enters the workplace is subject to the vaccination requirement as well.

 Additionally, Gov. Kathy Hochul signed an executive order requiring either masks or vaccines in public venues (including workplaces) in New York state.

As always, we are here to answer any questions.

2021 Holiday Video

2021 Holiday Video 1101 1072 Deborah Ann Nilson
The Nilson Law Group new website

Welcome to Our New Website!

Welcome to Our New Website! 1920 1080 Deborah Ann Nilson

We’re excited to announce the official launch of our new website is finally LIVE! A big thanks to our design and development team at Kronologie & Chase Jennings, as well as to Deborah Ann Nilson and Nathalie Gast for their collaborative efforts.

Have you explored our new site yet? Be sure to let us know what you think in the comments below!

Charity Gates of Nilson Law

Our New Associate, Charity Gates

Our New Associate, Charity Gates 1920 1080 Deborah Ann Nilson

Welcome to our new associate, Charity Gates!

With the addition of Charity, we are now seven attorneys and growing!

Charity Gates is a graduate of Emory University and the Benjamin N. Cardozo School of Law. While in law school, Charity served as the Articles Editor of the International Comparative, Policy & Ethics Law Review. She also completed internships at Louis Vuitton Americas, Christie’s, the New York State Supreme Court, and a general practice law firm. Charity studied abroad in Paris, France during her time at Emory and is proficient in French.

Prior to joining The Nilson Law Group, PLLC as an Associate in August 2021, Charity worked at a firm providing legal services to visual artists. Additionally, she was a rights and clearance associate at a major news organization, focusing on image rights and intellectual property issues. Charity was recently admitted to the New York State Bar.

2020 Holiday Video

2020 Holiday Video 1920 1080 Deborah Ann Nilson
Covid-19 background

COVID-19: What Should Employers Know About Legal Protection for Workers?

COVID-19: What Should Employers Know About Legal Protection for Workers? 1920 1080 Cynthia Martens

The coronavirus pandemic has upended the year for people from Wuhan to Milan. New York City alone now has almost 100,000 confirmed cases and all nonessential businesses, including many in the fashion sector, have shuttered since March 22 in response to orders from the state governor and a collective effort to “flatten the curve” of coronavirus infections.

Workplace consequences have been dramatic. Last week, the federal Labor Department reported that a record 6.6 million Americans had filed for unemployment insurance, bringing the total number of people who have filed for unemployment in the last three weeks alone to almost 17 million. Reports of employers mistreating nurses and retail workers have trickled onto social media, and newly enacted federal laws provide various forms of emergency relief.

James Brudney, a professor at Fordham University School of Law with extensive experience in employment and international labor law, stressed the importance for employers, particularly larger brands, of “doing the right thing by their workers and in reputational terms, not just the barely legal thing.”

Referring to recent walkouts by Amazon warehouse workers protesting conditions of unsafe exposure to the virus, he said employment lawsuits based on job-related illness and death are likely, just as they were common post 9/11. In fact, there already has been one case filed in Illinois by the survivors of a late Walmart employee who claimed he died due to catching the virus at his workplace.

“One would hope that in these circumstances employers, who are also obviously suffering, would have the sense of both compassion and justice not to be taking retaliatory steps against workers who are trying to protect their fundamental safety and health in tough conditions,” said Brudney, adding that exposure to the coronavirus at work could lead to sizable state workers’ compensation claims. He recommended more generally that employers consult the International Labour Organization’s COVID-19 recommendations as well as Convention 177 on protections for home workers, saying that they provide a useful crisis benchmark for the fashion industry.

In this challenging context, what else should employers know? The interplay between federal and state laws, and between the President and state governors, is confusing to many American employers, and even more so to foreign companies doing business in the United States. Some important issues to get straight at the outset are:

Are my employees at-will? Are they exempt or non-exempt?

Most states consider employment to be at-will by default, meaning that either the employer or the employee can end the relationship at any time, with or without cause or notice. However, before letting anyone go or changing any terms of employment, employers must check whether they are bound by a contract with their employees instead. Employers should also know whether their employees are exempt or non-exempt under the federal Fair Labor Standards Act. Employees whose jobs do not meet the FLSA definition or who make less than $674 a week are non-exempt under federal law and must earn overtime pay. States and cities can raise the minimum amount, so that, for example, an employee must earn at least $1,125 a week in New York City to be exempt.

Can I reduce my employees’ hours?

Employers are allowed to reduce the number of hours their non-exempt employees are scheduled to work. Providing reasonable notice is considered good practice, though there is no federal requirement to do so and state laws vary. In California, for instance, notice is important to avoid “reporting time pay” obligations, which employers trigger when they schedule workers but don’t have enough work for them to do because of inadequate planning or lack of proper notice.

Can I reduce my employees’ pay?

Employers can never reduce pay rates for hours already worked; any changes must be prospective. That said, absent a contract, employers are free to reduce employee pay for future hours worked, as long as they pay at least the minimum wage, which varies by state and sometimes by city. For example, federal law sets the floor at $7.25, but while California’s minimum wage is $12 a hour, it’s $15 an hour in San Francisco. In addition, some states impose notice requirements. New York State requires employers to inform employees at least seven calendar days before changing their pay rate, unless the new rates appear explicitly on wage statements. Reducing an employee’s pay can change the employee’s status from exempt to non-exempt.

Can I treat my employees differently?

Reducing some salaries during a period of financial difficulty is legal as long as employers do not discriminate against a protected class under federal or state law. Federal law prohibits discrimination based on gender, race, national origin and age, but some states or municipalities go further. New York City, for example, prohibits treating employees differently based on their “age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, or any other protected characteristic under the New York State Human Rights Law.”

“If your reduced hours or furloughs disproportionately affect women, or racial minorities, or older workers, there’s likely to be an effort at some point to organize those workers in litigation terms, or at least it’s a risk that you run,” said Brudney. “You have to be sure you have an evaluation system that can justify what you’re doing so that it doesn’t look discriminatory or arbitrary.” Such a system could include records of past performance evaluations or bonuses, for instance.

What’s a furlough?

An employee furlough occurs when an employer suspends its workforce without pay. Caution: If exempt employees do any work at all while on furlough, the employer must pay them the equivalent of a full day’s salary, and if hourly employees work while on furlough, the employer must pay them for the time worked. Furloughed employees usually retain their health benefits and return to work either on a specific date or when a specific condition is met. Employers should note, however, that furloughs come with the risk that top talent will seek employment elsewhere. A furloughed employee may be eligible for unemployment benefits, depending on state rules.

What unemployment benefits are available to laid-off workers?

Individual states normally manage unemployment insurance benefits and determine eligibility criteria and exclusions. The $2 trillion federal CARES Act passed on March 27 creates two major benefit categories, however. First, there’s Pandemic Unemployment Assistance, which covers individuals — including freelancers and those who are sick or caring for a sick family member — who are unable to work because of the coronavirus outbreak. Secondly, unemployed individuals who are already receiving state benefits are eligible for $600 a week in additional federal aid over the next four months, until July 31.

What is a shared work program?

State shared work programs make it easier for participating employers to keep trained staff during an economic slowdown by allowing employees to receive partial unemployment insurance benefits while working reduced hours. To participate in a shared work program, employers must meet state requirements — typically, a minimum number of employees working in the state, and a certain amount of unemployment contributions over the past year — and submit a shared work plan for state approval. Participating employers may not hire new employees to perform work covered in the plan and must seek plan approval from any relevant collective bargaining representative.

What sort of paid leave do I have to pay my employees during the COVID-19 health crisis?

The Families First Coronavirus Response Act guarantees job-protected paid leave to workers who are unable to work from home and subject to a federal, state or municipal order of quarantine or isolation for COVID-19, or caring for minor children who are under such an order. The amount of paid leave available to employees depends on the size of the business as of Jan. 1, with different rules for small, mid-sized and larger businesses. All must provide their employees with job protection for the duration of the quarantine or isolation order, but larger businesses must provide more days of paid sick leave. When employees return from their COVID-19-related leave, employers must reinstate them to the same or a comparable position and continue to provide health insurance on the same terms as if the employee had not taken leave.

What sort of paid sick leave do I have to offer?

Until the FFCRA was passed, no federally mandated paid sick leave existed, though some states required it. Federal law now allows an eligible employee to take paid sick leave because the employee is in quarantine related to COVID-19, or caring for someone who is, or unable to work remotely because he or she is caring for a child whose childcare provider is closed because of COVID-19. Employers with fewer than 500 employees must provide full-time employees with 80 hours of paid sick leave at the employees’ regular rate (or two-thirds the employees’ regular rate for caregiving employees). Paid sick leave wages are capped at $511 a day, or $5,110 total, per employee for personal use, and $200 a day, or $2,000 total, per employee caring for another. Sick leave pay rates for employees who work a part-time or irregular schedule are based on the average number of hours the employee worked for the six months prior to taking leave. If employees have worked less than six months prior to taking leave, they calculate their rate based on their average scheduled hours over a two-week period.

Cynthia Martens is an associate at The Nilson Law Group, PLLC in New York. She was previously a WWD correspondent in Milan. This article is for informational purposes only and is not intended to constitute legal advice.

Originally published in Women’s Wear Daily

Employment law background

Several Important Changes to New York Employment Law in 2020

Several Important Changes to New York Employment Law in 2020 1920 1080 Nicholas E. Forgione

Minimum Wage Increases

• Minimum wage increases continue to be phased-in each year. As of January 1, 2020, the minimum wage in New York City is $15.00 per hour. In Nassau, Suffolk and Westchester counties, it is $13.00 per hour. In the remainder of the state, it is $11.80 per hour.

Salary History Ban

• In 2017, New York City amended its Human Rights Law to prohibit inquiries into applicants’ salary histories during the hiring process. Effective January 6, 2020, New York state expanded on the New York City law by prohibiting employers from requesting such information of applicants or employees. The law does not prohibit applicants and current employees from voluntarily, and without prompting, disclosing or verifying wage or salary history, such as for the purpose of negotiating wages or salary.

Paid Voting Leave

• With primary and general elections occurring in 2020, employers should be mindful of recent revisions of New York’s election law, which now entitles New York employees who are registered voters up to three hours of paid time off as needed to vote in any election. Employees requiring time off to vote must be afforded such time at either the beginning or end of a workday, at the employer’s election, and must notify their employer of their need not less than two working days before the election.

Continued sexual harassment prevention

• Employers should keep in mind that New York City requirements for employee anti-sexual harassment training are annual requirements.
• On August 12, 2020, the statute of limitations for sexual harassment claims will increase from one year to three years.

Ban on pre-employment marijuana testing

• Effective May 10, 2020, New York City will prohibit employers from conducting pre-employment drug testing for marijuana. Exceptions will apply for certain types of jobs, including various construction and maintenance roles, positions requiring a commercial driver’s license, and positions requiring the supervision or care of children, medical patients, or vulnerable persons.

Expanded protections for “gig” workers

• Effective January 11, 2020, the New York City Human Rights Law will cover freelancers and independent contractors, extending protections from discrimination, harassment, and retaliation. The prohibition on pre?offer criminal background checks and pre?offer salary history inquiries will also apply to freelancers and independent contractors.

The Nilson Law Group, PLLC